Chapter 20.44 — REGULATIONS FOR DESIGN CONTROL ZONING DISTRICTS OR "D" DISTRICTS

The purpose of this chapter is to provide a district for the regulation of the location, size, configuration, materials, and colors of structures and fences in those areas of the County of Monterey where the design review of structures is appropriate to assure protection of the public viewshed, neighborhood character, and to assure the visual integrity of certain developments without imposing undue restrictions on private property.

A.

The provisions of this chapter shall apply in all districts with which the Design Control District is combined in addition to the regulations specified for that district and shall be subject to the provisions of Chapter

20.62. However, if any of the provisions specified in this chapter differ from the regulations of the district which is combined with a "D" District, then the provisions of this chapter shall apply.

B.

This chapter shall apply only to those areas of the County of Monterey in which the visual impacts of structures can be adequately mitigated by regulation of the location, size, configuration, materials and colors, only.

C.

This chapter shall apply to all of the areas within the following Area Land Use Plans:

1.

Big Sur Coast;

2.

Carmel; and

3.

Del Monte Forest.

A.

A Design Approval Application shall be submitted and approved prior to the issuance of building permits for the construction of any structures in the "D" District.

B.

The Design Approval Application shall include:

1.

Drawings showing front, side and rear elevations, existing and proposed grades of proposed structures.

2.

Color samples indicating the proposed color scheme for the structures.

3.

Plot plans or drawings showing, at scale and in reasonable detail, proposed structure location, topography, existing vegetation, proposed parking layout, proposed landscaping and north arrow.

4.

Preaddressed stamped envelopes for all persons to receive public notice pursuant to Section 20.44.050(A).

The Appropriate Authority to consider and decide a Design Approval Application shall be:

A.

The Appropriate Authority to consider the discretionary permit combined with the Design Approval Application; or,

B.

The Appropriate Authority for the discretionary permit requiring the Design Approval Application as a condition of approval of that discretionary permit; or,

C.

The Zoning Administrator, except as provided by Section 20.44.040(A), (B), (D) or (E).

D.

The Director of Planning and Building Inspection may approve, in lieu of the Appropriate Authority, plans and submittals in "D" districts for small structures such as structure additions, accessory structures and similar minor structures and minor modifications to approved designs.

E.

The Planning Commission shall be the Appropriate Authority to consider Design Approval applications for those structures which have the greatest potential to impact public views, such as structures along scenic highway or road corridors, in areas designated as critical viewshed, or which may be prominent from common public viewing areas.

A.

At least ten (10) days prior to the consideration of a Design Approval Application by an Appropriate Authority, the Director of Planning and Building Inspection shall give notice of such consideration by mailing, postage prepaid, a notice of the time and place of such consideration. Such notice shall be mailed or delivered in accordance with paragraphs (3) and (5) of Section 20.84.040A.

B.

No public notice shall be required for actions of the Director of Planning and Building Inspection taken pursuant to Section 20.44.040(D).

A.

The Appropriate Authority shall consider the size, configuration, materials and colors of the proposed structures to assure that they will comply with the provisions of Section 20.44.010.

B.

The Appropriate Authority shall require such conditions of the proposed size, configuration, materials and colors as it may deem necessary to assure compliance with the provisions of this chapter and all other applicable regulations set forth by the Monterey County Local Coastal Program.

C.

The Appropriate Authority after review of such plans as deemed necessary may require a public hearing to be scheduled for the further consideration of said plans. Such public hearing and appeals, if any, shall be conducted pursuant to the public hearing (Chapter 20.84) and appeal provisions (Chapter 20.86) of this Title.

D.

The standard and criteria of review of the Director of Planning and Building Inspection shall be the same standard and criteria as that of an Appropriate Authority.

E.

The Director of Planning and Building Inspection may refer, at the Director's discretion, Design Approval applications to the Planning Commission for consideration and action.

Appeals to any action taken by an Appropriate Authority pursuant to this chapter may be appealed to the Board of Supervisors pursuant to Chapter 20.86 of this Title.

A.

No building permit shall be issued nor any structure constructed otherwise than in accordance with the conditions and terms of the design approval granted, nor until ten (10) days after the mailing of notice of granting of such design approval by the Appropriate Authority, or by the Board of Supervisors in the event of appeal.

B.

No building permit shall be issued for any such structure proposed in a "D" combining district unless the size, configuration, materials and colors of such structures have been approved unless the Building permit is for the replacement of an existing structure and the materials proposed are substantially similar to what exists. Any such structures for which such approval has been obtained shall be constructed substantially in accordance with such approval and no change shall be made without the approval for such change having first been obtained.

The application fee for a Design Approval shall be established from time to time by the Board of Supervisors, and no part of such fee shall be refundable, unless said refund is requested in writing

concurrent with the withdrawal of the Design Approval and provided that the applicant has not yet been sent written notice of the applications completeness or incompleteness. In such cases, fifty (50) percent of the filing fee shall be refunded.

Chapter 20.48 - REGULATIONS FOR LIMITED AGRICULTURAL ZONING DISTRICTS OR "A" DISTRICTS

The purpose of this chapter is to establish a district providing for some agricultural use of land while placing limits on the number of animals and intensity of agricultural uses in those areas which are not suitable by size, terrain, neighborhood uses or similar constraints for extensive agricultural use.

The regulations set forth in this chapter shall apply in all districts which are combined "A" Districts in addition to the regulations of that district and shall be subject to the provisions of Chapter 20.62. However, if any of the regulations specified in this chapter differ from any of the corresponding regulations specified in this Title for any district combined with an "A" District, then the provisions of this chapter shall govern.

The following list shall require a Coastal Development Permit regardless of which category of allowed uses it falls into:

A.

Development which will cause a Significant Environmental Impact;

B.

Development within the Critical Viewshed as defined by Section 20.145.020.V (Big Sur);

C.

Development on slopes of thirty (30) percent or greater (twenty-five (25) percent in North County) except as provided for in Section 20.64.230(C)(2) and (3);

D.

Ridgeline Development;

E.

Development within one hundred (100) feet of mapped or field identified environmentally sensitive habitats;

F.

Development with positive archaeological reports;

G.

Land divisions;

H.

Development of new or expanded agricultural operations if fifty (50) percent or more of the parcel has a slope of ten (10) percent or greater; or where the operation is to occur on soils with a high or very high erosion hazard potential, according to the Soil Conservation Service Soil Survey Manual.

A.

All uses permitted in the respective district with which the "A" District is combined;

B.

Animal husbandry and small livestock farming, provided, that not more than one horse, mule, cow, or steer or similar livestock shall be kept for each twenty thousand (20,000) square feet of area;

C.

Crop farming, tree farming, viticulture and horticulture;

D.

Stands for the sale of agricultural products grown on the premises having no permanent electricity, plumbing or paving;

E.

Other uses of a similar character, density and intensity to those listed in this section.

20.48.040 - Conditional uses allowed, Coastal Development Permit required in each case (Chapter 20.70).

A.

Other uses of a similar character, density and intensity to those listed in this section;

B.

Commercial kennels (ZA);

C.

Riding academies (ZA);

D.

Stands for the sale of agricultural products grown on the premises having permanent electricity, plumbing or paving.

20.48.050 - Special setbacks and distances between structures required.

Barns, stables, chicken houses, or similar accessory structures, shall be not less than fifty (50) feet from the front property line, nor less than twenty (20) feet from any side or rear property lines, nor closer than twenty (20) feet from any dwelling on the same or adjacent property.